Croatia NAP
Croatia National Action Plan (NAP)
for the Protection of the Mediterranean Sea against Pollution from Land-based Sources
Zagreb, August 2005
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Croatia NAP
Croatia National Action Plan (NAP)
Table of Contents
Summary
1. Background
1.1 NAP preparation basis 1.2 NAP preparation approach and NAP executive summary
2. Review of national documents relating to LBS Protocol and SAP
2.1 Introduction 2.2 National legislation 2.3 International conventions 2.4 Institutional structures 2.5 Harmonisation of the national legislation with the EU legal framework 2.6 Conclusions
3. Current status of the coastal environment according to NDA, BB and SP
3.1 Introduction 3.2 Identified environmental problems according to NDA and LBS Reports 3.3 Environmental priorities according to the NDA 3.4 The BB data 3.5 The SP data 3.6 Conclusions
4. Priorities identified within the national environmental protection plans
4.1 Introduction 4.2 Environmental Strategy and National Environmental Action Plan 4.3 Waste Management Strategy (draft) 4.4 Water Management Master Plan (under development) 4.5 National Water Protection Plan 4.6 Coastal Area Water Pollution Protection Project 4.7 Conclusions
5. SAP national-level priorities
5.1 Identification of national priorities 5.2 National priorities – problems and solutions 5.3 Objectives and implementation of planned environmental protection activities 5.4 Public participation in implementation of environmental protection projects
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5.5 Monitoring implementation of planned activities 5.6 Conclusions
6. Priority actions cost estimate
6.1 Planned activity performance costs 6.2 Sources of finance 6.3 Investment portfolio 6.4 Conclusions
7. Economic instruments for marine pollution from land-based activities
7.1 Background 7.2 Analysis of currently used and proposed economic measures 7.3 Long-term aspects of economic instruments development 7.4 Conclusions
8. References
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Summary
National Action Plan (NAP) is a plan for mitigation of pollutant emission consistent with the Strategic Action Programme for the Reduction of Pollution of the Mediterranean from Land- Based Sources (SAP MED), which is prepared by the contracting parties to the Barcelona Convention, including the Republic of Croatia. The Guidelines for preparation of NAP are contained in SAP and pertaining documents. NAP is prepared on the basis of the earlier developed documents: National Diagnostic Analysis (NDA), 2003 Baseline Budget for the Republic of Croatia - Coastal Area (BB), Sectoral Plans for different types of pollutants (SPs) and Economic Instruments for Protection of Sea against Pollution from the Land-based Sources in the Republic of Croatia - Current Status and Possible Solutions (EI). All documents (NDA, BB, SP, EI and NAP) were prepared within the UNEP GEF SAP MED Project that gave them full financial support. The Inter-ministerial Commission was convened to follow up preparation of these documents, and it was available for consultations during all the stages of the documentation preparation.
NAP primarily focused on determining proposals for the environmental protection priority actions for the coastal area of the Republic of Croatia. Performance of these actions shall result in achieving the basic SAP objectives. It is underscored that NAP was prepared on the basis of the national environmental protection plans currently in effect in the Republic of Croatia, which were used to establish the basic concepts in this document. The summary of the most important plans is given in a separate section herein. In addition to the national environmental protection plans, the information on the Croatian legal and institutions framework is briefly described herein as particularly important.
NAP contains data on the current state of the coastal environment and sea (as a summary of the NDA, BB and SP data). Consistent with the SAP objectives, the NDA, BB and SP data, and postulates of the national environmental protection plans, the environmental protection priorities for the coastal area were determined. Further, NAP analyses technical solutions for separate priorities, and sets up the basic objectives to be realised by their implementation. Another topics related to the planned environmental protection activities in the coastal area of the Republic of Croatia are also elaborated (public participation, monitoring, economic aspects).
The major environmental issue in the coastal area is wastewater pollution. Consistent with the SAP objectives (resolving of wastewater collection and treatment issues for the cities with population over 100,000 by 2010), the priorities herein include resolving of this problem for the cities of Split and Rijeka. The priorities also include wastewater collection and treatment in other larger cities at the Adriatic coast (Pula, Zadar, Šibenik and Dubrovnik). The investment into the projects for resolving the wastewater problems in six largest cities at the Croatian coast is estimated at EUR 537.8 mil.
Two sets of priorities were singled out for addressing the pollution from the industrial wastewater (in line with the SAP objectives by 2010, with planned 50 percent emission reduction). The first group of priorities includes major industrial polluters with self-standing outfalls (MIRNA prerada ribe Rovinj, ADRIA prerada ribe Zadar and JADRANSKA PIVOVARA Split). The estimated investment into addressing the environmental pollution from wastewater generated in these industrial facilities is derived from the pollution load data, and it is set at about EUR 13.2 mil. Another group of priorities includes all other industries in
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Solid waste management and disposal poses an important environmental problem, so according to the SAP objectives (resolving of waste management issues for the cities with population over 100,000 by 2010) NAP foresees construction of two regional waste management centres for the cities of Split and Rijeka (i.e. for the Splitsko–Dalmatinska and Primorsko–Goranska County). Based on the technical documentation, the investment into the construction of these centres is estimated at about EUR 122 mil. Additionally, NAP envisages remediation of the largest dumpsites in the region which do not meet the provisions of the applicable laws and regulations and pose environmental risk (Karepovac – Split, Sovjak and Viševac – Rijeka). Based on the data available from the Ministry of Environmental Protection, Physical Planning and Construction, the remediation costs for these dumpsites are estimated at about EUR 47.7 mil.
In addition to the above environmental protection projects for resolving of wastewater and solid waste issues, the priorities related to hazardous waste management and disposal (used chemicals, POPs, waste oil, batteries/car batteries) are included in NAP in line with the SAP Guidelines. Resolving of these issues is directly linked to full compliance with the national and international legal provisions on the subject matter.
In order to determine feasibility of all environmental priority actions singled out for the coastal area of the Republic of Croatia, such projects were analysed from the economic point of view, the evaluation of funds available for investment made, and possible sources of finance presented. Total investment into performance of the said environmental priority actions in the coastal area is estimated at about EUR 720.7 mil. It is underscored that the total estimated investment does not include the costs of global resolving of the problems related to the industrial wastewater and hazardous waste management and disposal. For them, application of administrative measures is planned, assuming enforcement of national and international regulations. Each priority is attached with a pertaining Investment Portfolio, again consistent with the SAP Guidelines. A separate section describes the problems related to application of the economic instruments for the environmental protection.
NAP is a document prepared in co-ordination with the technical departments of the Ministry of Environmental Protection, Physical Planning and Construction. Harmonisation of positions and amendments of the document were carried out on the basis of the opinions of the UNEP/MAP experts, members of the Inter-ministerial Commission, and after consideration of proposals submitted by participants in public debates organised during the NAP preparation. The environmental priorities for the coastal area highlighted in NAP are to a great degree in harmony with the priorities specified within the national environmental protection plans, which is good having in mind their feasibility.
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1. Background
1.1 NAP Preparation Basis
The Convention for the Protection of the Mediterranean Sea and the Coastal Region (The Barcelona Convention) and relating protocols represent the legal grounds for all activities aimed at conservation of the Mediterranean Sea and the coastal areas, and it is binding upon all the Contracting Parties, including the Republic of Croatia.
The Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources and Activities (LBS Protocol), and the United Nations Environment Programme of the Mediterranean Action Plan for the Prevention of Pollution of the Mediterranean Sea (UNEP/MAP), as well as the adopted Strategic Action Programme for the Reduction of Pollution of the Mediterranean from Land- Based Sources (SAP MED) require from each contracting party to the Barcelona Convention the preparation of the following documents:
• National Diagnostic Analysis (NDA) • Baseline Budget (BB) • Sectoral Programmes (SP) • National Action Plan (NAP)
Funding for the implementation of the SAP and for preparation of the mentioned documents (NDA, BB, SP, and NAP) has been provided for by the Global Environmental Facility (GEF).
Objective of the mentioned documents is to determine intensity and characteristics of pollutant input into the sea, establishment of the program for reduction of the pollutant discharge, and drafting of National Action Plan (NAP).
National Action Plan (NAP) defines actions for remediation of contamination and determines time limits and required financing, always taking into account objectives (SAP) and priorities set out within national environmental plans.
1.2 NAP Preparation Approach and NAP Executive Summary
Guidelines for the preparation of the above documents (NDA, BB, SP and NAP) are contained in the Strategic Action Programme (SAP MED) and pertaining documentation (see Ref. 1-3). The basic SAP objectives, used to determine the NAP priorities, are described in section 5.1. In preparing NAP, recourse has been made to professional explanations and advice of UNEP MAP experts.
NAP concepts and objectives have been agreed upon in consultation with the established Inter-ministerial Committee, government administration bodies and other institutions which monitored the preparation of the said documentation.
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NAP addresses all aspects of the issue of reduction of the environmental pollution in the coastal area of the Republic of Croatia, at the level as required by the SAP Guidelines and objectives.
It is structured to firstly give an overview of the national documents related to implementation of the LBS Protocol and SAP, in order to provide an insight into the current legislation, international treaties and institutional organisation of Croatia.
Then follows consideration of the current status of the marine and coastal pollution by individual administrative units (counties), as a summary of the earlier prepared documents, i.e. NDA, BB and SP.
After that, national priorities with respect to marine and coastal area protection are presented, which were separately elaborated in the national strategies for resolving the environmental issues, and in proposed plans for realisation of these activities.
Subsequently, taking into account SAP objectives, analysis performed within NDA, BB and SP, as well as the guidelines from the national environmental protection strategies, a list of priorities at the national level has been sorted out. For each selected priority a description of the current status and planned solution is given, always accompanied with indication of basic objectives of the planned actions. The issue of the manner of public participation and informing during the planning and implementation processes has also been addressed. Framework guidelines for implementation of the monitoring are also given, with the objective to receive a feedback on the effectiveness of actions undertaken in respect of the pollutant input reduction into the coastal sea.
For each selected national priority in terms of marine pollutant input reduction a cost estimate has been made of planned actions and activities, with indication of possible sources of finance. The pertaining Investment Portfolios have also been prepared in line with the SAP Guidelines. A separate section deals with economic instruments for the environmental protection and gives possible solutions for their correction in the forthcoming short-term and long-term periods.
The document ends with a list of literature and references used in National Action Plan (NAP) preparation.
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2. Review of National Documents Relating to LBS Protocol and SAP
2.1 Introduction
The Republic of Croatia, as a Contracting Party to the Barcelona Convention, has committed itself to the implementation of the LBS Protocol and the adopted Strategic Action Programme for the Reduction of Pollution of the Mediterranean from Land- Based Sources (SAP MED).
Pursuant to the obligations undertaken, appropriate monitoring programs are in place in Croatia’s coastal zone for determination of the status and trends of the marine pollution change, on the basis of which necessary environmental protection measures are planned and taken in compliance with the law.
The section that follows gives an overview of the legal measures in force in the Republic of Croatia, international commitments and description of the institutional framework, the tools that, together with economic financial mechanism, can be used for resolving of the environmental issues.
2.2 National Legislation
The Constitution of the Republic of Croatia
The importance of the environmental protection is highlighted already in the Constitution of the Republic of Croatia, which, inter alia, states that the conservation of nature and human environment are the highest values of the constitutional order of the Republic of Croatia and the basis for the interpretation of the Constitution. (Article 3). Article 48, guaranteeing the ownership right, further states: “Ownership implies obligations. Owners and users of property shall contribute to the general welfare.” Article 50 The exercise of entrepreneurial freedom and property rights may exceptionally be restricted by law for the purposes of protecting the interests and security of the Republic of Croatia, nature, environment and public health. Article 52 The sea, seashore and islands, waters, air space, mineral assets and other natural resources, as well as land, forests, fauna and flora, other parts of nature, real estate, and assets of special cultural, historic, economic or ecological importance which are specified by law to be of interest to the Republic of Croatia shall enjoy its special protection. Article 69 Everyone shall have the right to a healthy life. The State shall ensure conditions for a healthy environment. Everyone shall be bound, within their powers and activities, to pay special attention to the protection of public health, nature and environment.
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The Declaration on Environmental Protection of 1992 initiated the development of a legal system pursuant to international treaties and standards, aimed at providing for continual, systematic and efficient environmental protection. It led to promulgation of the Environmental Protection Act (Official Gazette 82/94 and 128/99) which guarantees an integral preservation of the environmental quality and conservation of natural communities. The law requires, inter alia, implementation of the environmental impact assessment procedures and taking of environmental measures within the framework of preparation and adopting of the land-use plans.
Protection of habitats and biodiversity is regulated by the Nature Protection Act (1994), the fundamental law that regulates conservation of biological and landscape diversity.
The Nature Protection Act differentiates between nine basic protection categories, depending on characteristics and intended use of a specific area. These are national park, nature park, strict reserve, special reserve, natural monument, park forest, protected landscape, horticultural monument, and special flora and fauna. About 7 percent of Croatia is under protection of some sort. The most frequently used categories of protection are nature parks and national parks.
The Nature Protection Act stipulates that the protected areas are managed by specially established public institutions. Such institutions for management of national parks and nature parks are established by the Government of the Republic of Croatia, while institutions for management of other protected parts of nature are established by the county assemblies. The national parks and nature parks are managed on the basis of the land-use plans, while other protected areas are covered by measures adopted by county governments and approved by the Ministry of Environmental Protection, Physical Planning and Construction.
Laws and Pertaining Regulations
The fundamental laws set out the principles, determine instruments and mechanisms of the environmental protection, and regulate environmental monitoring and information dissemination. They introduce responsibility for degradation of the environmental quality, set up control, penalties and incentives for the environmental protection. They also regulate protection of: water, sea, forest, agricultural land, soil, and air; harvesting of mineral resources; hunting and fishing; protection of cultural heritage; protection against noise, vibration and ionising radiation, fire protection; public health; management of specially controlled substances and goods (toxins, flammables and explosives) and concessions.
The Environmental Protection Act (Official Gazette No. 82/94 and 128/99)
The Environmental Protection Act, adopted in 1994, set up a basis for the implementation of the policy in line with the sustainable development principles.
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The Act stipulates the environmental protection objectives as part of the conditions for sustainable development. It provides definitions of the environment and environmental quality, states the principles of the environmental protection, entities securing the environmental protection efficiency, environmental monitoring, and keeping of the environmental pollution inventory. The Act provides for the adoption of the environmental protection documents: the environmental protection strategy and programs. It requires that the environmental protection relies on established protection standards, the environmental impact assessment, and the environmental protection measures in adopting physical plans, the environmental monitoring, and the keeping of the environmental pollution inventory. The Act provides for the preparation of the environmental protection contingency plans. It provides for the eco-labelling system, recognition and awards. It prescribes labelling of products and packaging, economic incentives to entities which have more environmentally friendly effect than their peers or who otherwise reduce adverse environmental impact. The Act provides for participation of the state in resolving international environmental issues. It establishes an environmental information system and secures the right of general public to be informed on the environmental issues. It further regulates liability for the environmental pollution, the environmental protection financing and issues relating to law enforcement with respect to the organisation, manner of operation and the performance of the environmental protection inspectors. The Environmental Protection Act provides that certain matters be regulated by the implementation legislation. The most important legislation items are:
• Regulation on Beach Water Quality Standards (Official Gazette No. 33/96) • Regulation on Quality Standards for Liquid Oil Fuels (Official Gazette No. 83/02) • Regulation on the Environmental Information System (Official Gazette No. 74/99, 79/99) • Rules on the Environmental Impact Assessment (Official Gazette No. 59/00, 136/04) • Rules on the Environmental Emission Inventory (Official Gazette No. 36/96) • Environmental Protection Contingency Plan (Official Gazette No. 82/99, 86/99, 12/01) • Contingency Plan for Accidental Marine Pollution in the Republic of Croatia (Official Gazette No. 8/97) • National Environmental Action Plan (Official Gazette No. 46/02)
The Nature Protection Act (Official Gazette No. 162/03)
The Nature Protection Act regulates certain protected parts of the nature, the way of managing them, manner of conservation and supervision. The nature is defined through its overall biological and landscape diversity. For the purpose of nature conservation, international treaties governing the nature conservation are implemented. The act defines tasks and objectives in nature conservation:
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• maintain the biological and landscape diversity in the state of the natural balance; • establish the state of the nature and ensure status monitoring; • ensure natural assets protection system; • ensure sustainable exploitation of natural resources; • contribute to the preservation of the natural state of the soil, preservation of quality, quantity and availability of water, conservation of atmosphere, oxygen production and climate; • prevent harmful human activities and disturbances in the nature as a consequence of technological development and performing of activities. The nature is protected by the following actions: • determination and assessment of the state of the biological and landscape diversity, • establishing requirements and measures in nature conservation, • incorporating nature conservation requirements and measures into documents for physical planning and plans for management of natural resources in mining, agriculture, forestry, hunting, fisheries and water management, • preparation of the state of the nature reports, adopting and implementation of the strategy, programs, action plans and management plans, • establishment of natural assets and protected natural resources, • setting up of systems for management of natural assets and protected natural resources, • the harmonisation and interrelation of the government system with the international nature conservation system, • stimulating scientific and professional activities related to the nature conservation, • informing general public on the state of the nature and public participation in the decision-making process in the issues of nature conservation, • raising public awareness of the need of nature conservation.
The Act determines the basic nature conservation documents: • The National Biological and Landscape Diversity Protection Strategy and Action Plan for the Republic of Croatia (Official Gazette No. 81/99) and the nature conservation programs.
The Strategy defines long-term objectives and guidelines for the conservation of biological and landscape diversity and protected natural resources, and manner of their implementation. The guidelines included in the Strategy are used in preparation of the physical planning documents and natural resources management plans. The Ministry of Culture is responsible for nature conservation, and professional activities relating to nature conservation are performed by the State Institute for Nature Protection.
The Water Act (Official Gazette No. 107/95)
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The Water Act and the Water Management Financing Act constitute the legal grounds for water management in Croatia.
The Water Act provides for the legal status of water, the method of and conditions for water management, water use, water protection, the competencies and duties of state administration bodies, other public bodies, local administration and self- government bodies, and other legal entities, and other issues important for water management.
According to Article 3, paras. 1 and 2 . " water, as a public resource which, because of its natural properties, cannot be anybody’s property. Water, as a public resource, enjoys special protection of the Republic of Croatia."
Water management objectives are: • securing of supply of water of appropriate quality for various uses, • maintenance, improvement and creation of uniform water regime, • protection of water from contamination, and protection from adverse impact of water, • integrated water management in water basins and catchment areas. Main principles of water management are: • protection and use of the waters in accordance with the sustainable development principles, • territorial water management units are water basins and catchment areas, • the starting point of water management plans is the obligation of integrated environmental protection and achievement of integrated water management, • payment of charge for water use exceeding the general use limits, as well as for deterioration of water quality (polluter-pays principle), • determining of sources of finance for investments in improvement of the water system.
Pursuant to this Act, Hrvatske Vode (Croatian Waters), a legal entity responsible for water management, was established. Pursuant to the Water Act, the following planning documents have been passed: • National Water Protection Plan (Official Gazette No. 8/99). • Contingency Plan for Accidental Marine Pollution in the Republic of Croatia (Official Gazette No. 8/97) • National Flood Control Plan (Official Gazette No. 8/97, 32/97, 43/98 and 93/99) • Water Management Master Plan (WMMP), a fundamental document defining the basis for water management, is under preparation.
Remark: The Contingency Plan for Accidental Marine Pollution in the Republic of Croatia (Official Gazette No. 8/97) was prepared on the basis of the Water Act , the Maritime Code (Official Gazette No. 17/94, 74/94, 43/96), and the Environmental Protection Act (Official Gazette No. 82/94, 128/99).
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Water management in Croatia is also governed by a series of by-laws: • Rules on the Issuance of Water Management Legal Acts (Official Gazette No. 28/96) • Regulation on Water Classification (Official Gazette No. 77/98) • Regulation on Hazardous Substances in Water (Official Gazette No. 78/98) • Rules on Limit Values of Indicators, Hazardous and Other Substances in Wastewater (Official Gazette No. 40/99, 6/01 and 14/01) • Rules on Drafting of the Water Management Master Plan of the Republic of Croatia (Official Gazette No. 120/03 )
The Water Management Financing Act (Official Gazette No. 107/95, 19/96 and 88/98) defines: • sources of funds for the financing of activities and uses aimed at establishing water management, • the method of determination of rates and amounts of these funds, • method of determination of individual payment liabilities and their collection; and • other issues in connection with raising and utilisation of these funds. The activities and tasks for the financing of which means are being provided pursuant to this Act are: • technical, administrative and other activities and tasks having characteristics of public services, • regulation of watercourses and other waters and protection from adverse impact of waters, • water use (ensuring of water reserves), • water protection, • regulation and maintenance of land reclamation systems.
On the basis of this Act, the by-laws have been adopted regulating charges for water use and protection, water catchment charges, and sand and gravel mining fees. In addition to the Water Act and the Water Management Financing Act, the water management is governed by other laws, which primarily concern the sectors of environment, nature conservation, physical planning, utilities sector, public health, agriculture, forestry, etc.
The Waste Act (Official Gazette No. 178/04)
The Act provides for the manner of waste management: management principles and objectives, planning documents, competencies and liabilities, costs, information system, requirements for waste management facilities, waste management procedures, transboundary movement of wastes, concessions and waste management supervision. The waste management objectives are: • avoidance and reduction of waste generation and reduction of hazardous properties of waste, • recycling,
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• adequate waste disposal practices, • remediation of waste-contaminated environment. Waste management is based on compliance with the environmental protection principles: 1. Polluter pays – the owner of the waste bears the cost of preventive measures, waste disposal measures, waste management measures, and is financially responsible for remediation of any damage caused by the waste; 2. Producer’s liability – the producer of the waste-generating product is responsible for selection of the most environmentally acceptable solution depending on the product characteristics and production technology, including the product’s life cycle and use of best available technology; 3. Proximity – recycling and/or waste disposal must be performed in the nearest appropriate plant or facility. The Act requires adoption of the following planning documents for waste management: • Waste Management Strategy of the Republic of Croatia, • Waste Management Plan of the Republic of Croatia, • The county (regional) waste management plans, • City or municipal waste management plans, • Waste producers' waste management plans. Waste Act implementation by-laws: • Rules on Types of Waste (Official Gazette No. 27/96) • Rules on Packaging Waste Treatment (Official Gazette No. 53/96) • Rules on Waste Management Requirements (Official Gazette No. 123/97, 112/01) • Regulation on Hazardous Waste Treatment Requirements (Official Gazette No. 32/98) • Guidelines for Treatment of Waste Generated by Health Services (Official Gazette No. 50/00) • Rules on the Methods and Time Intervals of Billing and Payment of Charges for the Environmental Load Caused by Waste (Official Gazette No. 95/04) • Rules on Waste Categories, Types and Classification with Waste Inventory and Hazardous Waste List.
Clean Air Act (Official Gazette No. 178/04)
This Act and pertaining regulations have been adopted with a view to ensure protection and better quality of the air and other environmental segments endangered due to air pollution. Effective protection is ensured by implementation of the principles of balanced development, principles of integrated planning and use of state-of-the-art techniques, technical solutions and measures. This Act regulates measures, manner of organisation, implementation and supervision of air quality protection and improvement. Air quality protection, for the purpose of sustainable development, is based on the principles of the environmental protection as provided for by the Environmental Protection Act and requirements of the international law.
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With the aim of air protection the Act provides for the following: • determination and implementation of measures for air quality protection and improvement; • air quality preservation and its improvement in cases of pollution; • prevention and reduction of pollution causing the depletion of the ozone layer and climate change; • establishment of an integrated air quality management system on the territory of the Republic of Croatia; • collection and assessment of air quality data based on standardised methods and criteria, ensuring availability of the data to the general public; • fulfilment of obligations undertaken by international treaties and agreements, participation in international co-operation in the sphere of air quality protection and improvement. The Act provides for monitoring and determining air quality, emissions and emission sources, and measures for the prevention and reduction of air pollution. It also requires setting up of an air quality information system, as an integral part of the environmental information system. Air quality information system for the needs of the Ministry of Environmental Protection, Physical Planning, and Construction is operated by the Croatian Environment Agency. Air Protection Act implementation by-laws: • Regulation on Recommended and Limit Air Quality Values (Official Gazette No. 101/96,2/97) • Regulation on Limit Values of Pollutant Emissions from Stationary Sources into the Air (Official Gazette No. 140/97,105/02) • Regulation on Substances that Deplete the Ozone Layer (Official Gazette No. 7/99, 20/99) • Regulation on Siting of National Network Stations for Continuous Air Quality Monitoring (Official Gazette No. 43/02).
Physical Planning Act (Official Gazette No. 30/94, 68/98, 61/00, 32/02)
This Act provides for the physical planning system, requirements and method of preparation, adoption and implementation of physical planning documents, as well as responsibilities of the central and local government and self-government in implementation of measures and activities aimed at securing the planning and regulation of the space of the Republic of Croatia. Physical planning is based on the following principles: • balanced economic, social and cultural development of the space of the State, fostering and developing regional spatial characteristics; • sustainable development and rational utilisation and protection of the space; • protection of integral values of the space and protection and improvement of the state of the environment, • protection of cultural monuments and particularly valuable parts of nature; • provision of better living conditions;
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• harmonisation of interests between space users and priorities of interventions in the space; • harmonisation of physical planning of various parts of the State; • integration of the national space with European space organisation, • publicity and free access to data and documents important for physical planning pursuant to this and other separate regulations; • setting up of space information system for the purpose of the planning, utilisation and protection of the space.
To ensure efficient implementation of the physical planning policy, documents have been promulgated having the force of by-laws. Physical planning documents are the following: 1. Republic of Croatia Physical Planning Strategy and Program 2. land-use and zoning plans. The Physical Planning Strategy was prepared by the Ministry of Environmental Protection, Physical Planning and Construction in 1997. The Strategy is a fundamental document regulating physical planning and a baseline document for decision-making on any interventions in space. It is also the basis for development of detailed land-use plans. The Physical Planning Strategy defines long-term objectives of the spatial development and planning in line with overall economic, social and cultural development. The Physical Planning Program defines measures and activities for the implementation of the Strategy. In addition to the basic objectives set up for physical planning development, the Program defines criteria and guidelines for physical planning and proposes priorities in achieving the physical planning objectives. One of the priorities is revival and establishment of all living functions in the war- stricken areas and stopping of negative demographic processes which result in abandonment of some regions.
Other relevant legislation
• Environmental Protection and Energy Efficiency Fund Act (Official Gazette No. 107/03) • Maritime Goods and Sea Ports Act (Official Gazette No. 158/03) • Maritime Code (Official Gazette No. 181/04) • Act on the Utilities Sector (Official Gazette No. 26/03) • Cultural Assets Conservation and Protection Act (Official Gazette No. 66/99, 151/03, 157/03) • Poisons Act (Official Gazette No. 27/99, Official Gazette No. 37/99, 55/99)
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2.3 International Conventions
Croatia is a member of a number of associations, and has signed and/or ratified numerous conventions. It has become a party to some of the conventions by notification of succession, and to some after gaining its independence. One of the priorities is fulfilment of obligations, i.e. the creation of conditions for their implementation, provided that fulfilment of requirements in connection with the EU approximation procedure will have priority. Additional emphasis shall be put on those environmental issues that are most important for Croatia, and to co-operation with neighbouring countries. Some of the issues which are the subject of the co-operation are the following: • Climate change, • Ozone layer protection, • Natural heritage protection, • Protection of water and sea, • Transboundary movement and disposal of hazardous waste, • Transboundary environmental pollution, • Activities in the protection of the Adriatic and Mediterranean seas • Problem resolving and improvement of the state of the environment together with neighbouring countries, on the principle of bilateral and multilateral co- operation.
Some of the conventions and protocols signed by the Republic of Croatia:
General • Convention on Environmental Impact Assessment in a Transboundary Context (Espoo 1991). Entered into force in Croatia in 1997 • Protocol on Strategic Environmental Protection (Kiev 2003). Signed by Croatia in 2003 • Convention on Transboundary Effects of Industrial Accidents (Helsinki, 1992). Entered into force in Croatia in 2000 • European Landscape Convention (Florence, 2000). Entered into force in Croatia in 2002 • Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus, 1998). Signed by Croatia in 1998 • Protocol on Pollutant Release and Transfer Registers (Kiev, 2003). Signed by Croatia in 2003 • Stockholm Convention on Persistent Organic Pollutants (Stockholm, 2003). Signed by Croatia in 2001
Climate • The United Nations Framework Convention on Climate Change (Rio de Janeiro, 1992). Entered into force in Croatia in 1996
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• Kyoto Protocol to the United Nations Framework Convention on Climate Change (Kyoto 1979). Signed by Croatia in 1999
Atmosphere • Convention on Long-range Transboundary Air Pollution (Geneva, 1979). Based on the Notification of Succession Croatia has been the Party to the Convention since 1991 • Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on Long Term Financing of the Co-operative Programme for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe (EMEP) (EMEP) (Geneva, 1984). Based on the Notification of Succession Croatia has been the Party to the Convention since 1991 • Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on Further Reduction of Sulphur Emissions (Oslo, 1994). Entered into force in Croatia in 1996 • Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants (Aarhus, 1998); Signed by Croatia in 1998 • Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution to Abate Acidification, Eutrophication and Ground-level Ozone (Goeteborg, 1999); Signed by Croatia in 1999 • Vienna Convention for the Protection of the Ozone Layer (Vienna, 1985). Based on the Notification of Succession Croatia has been the Party to the Convention since 1991 • Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal, 1987). Based on the Notification of Succession Croatia has been the Party to the Convention since 1991 • Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer (London, 1990). Entered into force in Croatia in 1994 • The Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer (Beijing, 1999). Entered into force in Croatia in 2004
Sea • Convention for the Protection of the Mediterranean Sea against Pollution (Barcelona 1976). Based on the Notification of Succession Croatia has been the Party to the Convention since 1991 • Protocol for the Prevention and Elimination of Pollution of the Mediterranean Sea by Dumping from Ships and Aircrafts - the Dumping protocol (Barcelona 1976). Based on the Notification of Succession Croatia has been the Party to the Convention since 1991 • Amendment to the Convention for the Protection of the Mediterranean Sea against Pollution
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(Barcelona ,1995) New title: Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean; Came into force in Croatia in 2004 • Amendment to the Protocol for the Prevention and Elimination of Pollution of the Mediterranean Sea by Dumping from Ships and Aircrafts or Incineration at Sea (The Dumping Protocol) (Barcelona, 1995). Published in Official Gazette, International Treaties No. 17/98. • Protocol Concerning Co-operation in Preventing Pollution from Ships and, in cases of Emergency, Combating Pollution of the Mediterranean Sea (The Prevention and Emergency Protocol) (Malta, 2002). Came into force in Croatia in 2004 • Protocol Concerning Specially Protected Areas and Biological Diversity in the Mediterranean (Barcelona, 1994, Monaco 1995). Came into force in Croatia in 2002 • Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources (Athens, 1980). Based on the Notification of Succession Croatia has been the Party to the Convention since 1991 • Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources and Activities (LBS Protocol) (Syracuse, 1996). Signed by Croatia • Protocol for the Protection of the Mediterranean Sea against Pollution Resulting from Exploration and Exploitation of the Continental Shelf and the Seabed and its Subsoil-Offshore Protocol (Madrid, 1994); Signed by Croatia • Protocol for the Protection of the Mediterranean Sea against Pollution Resulting from Transboundary Transportation of Hazardous Wastes and their Disposal (Hazardous Wastes Protocol) (Ismir 1996). Not signed by Croatia • Convention for the Prevention of the Sea Pollution from Ships (MARPOL, 1973/78) (Official Gazette 1/92)
Water
• Convention on the Protection and Use of Transboundary Watercourses and International Lakes (Helsinki Convention, Official Gazette International Treaties, 4/96)
Soil • The United Nations Convention to Combat Desertification in Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa (Paris, 1994), Came into force in Croatia in 2001
Waste • Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (Basel, 1992). Came into force in Croatia in 2000
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Croatia NAP
2.4 Institutional Structures
State Council for Environmental Protection was established by the Government of Croatia, pursuant to the Environmental Protection Act. The task of the Council is to give opinions, recommendations and evaluations on issues concerning co-ordinated environmental protection and economic growth, to assess document drafts adopted by the Government and the Parliament, with the aim of achieving economic development in line with the fundamental principles of the environmental protection which are based on compliance with the international environmental laws, acceptance of scientific achievements and global practice.
2.4.1 National Structure
In terms of organisation, the environmental protection is located within the Ministry of Environmental Protection, Physical Planning and Construction. Since the environmental issues are inherent to numerous areas of activity (water, sea, forests, agricultural land, cultural heritage, human health), they are the concern of a series of structures in the country.
Within the legislative authority system, the environmental issues are dealt with by: